1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Facts of recognition;

A. According to the Ministry of Education, Science and Technology’s “The Five-year Master Plan for School Violence Prevention and Five-year Master Plan,” and the “Operation Plan for School Violence Recruitment and Operation” of the Office of Education of Daegu Metropolitan City Office of Education, the Defendant publicly announced the recruitment of the volunteers on the Chigh School website operated by the Defendant, and accordingly, selected the Plaintiff as the guardian of learning.

B. From March 1, 2011 to December 31, 2012, the Plaintiff, as a servant of C High School, performed activities, such as guidance for students, boarding schools, and traffic safety, patrol inside and outside the school, guidance for school violence, and protection of victim students. The Plaintiff was paid KRW 30,000 per day from C High School.

【Fact-finding without a dispute over the basis of recognition, the entries in the evidence Nos. 1, 2, and 3-1 to 5, 5-7, respectively, and the purport of the whole pleadings

2. The plaintiff asserted that he worked at C High School level level level at around 08:00 and retired from school at around 16:00, while performing activities such as guidance for school attendance, boarding school and traffic safety, patrol inside and outside school, guidance for school violence, protection of victim students, etc.

This constitutes a case where labor is provided in a subordinate relationship for the purpose of wages notwithstanding the name of "service provider", and the defendant, the employer, is obliged to pay the unpaid retirement pay and the delayed payment to the plaintiff, the worker.

3. Determination

(a) The term “worker” under the Minimum Wage Act and the Labor Standards Act means a person who provides a business or workplace with labor for wage purposes regardless of the type of occupation, and the term “wages” means wages, salaries and any other money or valuables, regardless of their titles, which the employer pays to the worker in compensation for work

(Article 2 (1) 1 and 5 of the Labor Standards Act). Therefore, in cases where a person who provides labor for wage purposes is not a worker subject to the above Acts, the Supreme Court is not a worker subject to the above Acts.